The Pharmacy Award is a complex and ever-evolving Modern Award focused in several sectors and has a broad coverage in one of the country's biggest industries.
You can read also read our article that covers the 7 conditions that pharmacy businesses didn't know existed in the Pharmacy Award.
In addition, you can download a FREE copy of our Pharmacy Industry Award eBook that covers everything you need to know about the award, without the jargon which comes with a BONUS payroll processing checklist.
This summary provides will provide you a comprehensive understanding of everything you need to know about the Pharmacy Award to ensure you have maximum compliance.
Disclaimer:
Please note that every effort has been made to ensure that the information provided in this guide is accurate. You should note, however, that the information is intended as a guide only, providing an overview of general information available. This guide is not intended to be an exhaustive source of information and should not be seen to constitute legal or tax advice. You should, where necessary, seek a second professional opinion for any legal or tax issues raised in your business affairs.
For the purposes of the Pharmacy Award, community pharmacy means a business that solely or partly established for dispensing prescriptions or selling medicine to the general public and is not owned by:
The Pharmacy Award also covers:
However, the Pharmacy Award does NOT cover the following:
If an employer or an employee is covered by more than one award, they are covered by the award that contains a classification that is the most appropriate to the work that they are doing:
When hiring the employee, an employer must inform the employee on whether they’ll be working as a full-time, part-time or casual employee.
In terms of the Pharmacy Award, to be classified as a full-time employee, they must work an average of
To be classified a part-time employee, they must:
The Pharmacy Award applies to both full- and part-time employees in the same way.
At the time of employment, the employer and employee must agree in writing on:
The agreement should also mention that changes can be made (either temporary or permanent) in writing if agreed between the employer and employee.
However, the roster can’t be changed:
If the roster is temporarily changed, the employer must give the employee 7 days notice, or in an emergency, at least 48 hours notice.
Suppose an employee wants to work additional hours once they have finished their ordinary hours in terms of their roster. If that is the case, the employee agrees to do so on the terms applicable to a casual employee.
For example, Matthew finished his rostered hours for the day. His boss, Claudia, asks him to stay and work an additional 2 hours but explains that he is not required to do so as she can arrange for a casual employee to finish the shift. Matthew needs some extra money, so he is happy to help Claudia out and agrees to work the additional hours at the casual rate.
Note, however, if the employer asks a part-time employee to work a reasonable number of hours above the number of ordinary hours they’re required to work per week, the employer must pay the employee at the overtime rate.
Download our eBook on the Pharmacy Award (without the jargon) + free payroll processing checklist
Download the eBookThe minimum hours of work for a part-time employee in the following circumstances will be 2 hours:
If an employee does not meet the definition of a part-time employee and who is not a full-time employee, they will be considered as a casual employee.
According to the Pharmacy Award, a casual employee must be rostered to work a minimum of 3 hours per day.
As a result of the lack of annual leave and personal/carer’s leave, sick leave, redundancy benefits and other entitlements that full- and part-time employees receive, casual workers are paid an additional 25% loading on top of their base rate of pay.
If a school student works as a casual employee and is rostered to work between 3.00 pm and 6.30 pm on a school day, the same rules apply to a part-time employee.
A regular casual employee is employed casually regularly for at least 12 months.
In some cases, a casual employee can apply to have their employment contract changed into a part-time or full-time contract depending on the number of hours they regularly work:
The employer has full discretion to accept, in writing, or refuse the request. However, if the employer chooses to deny the request, it needs to be based on reasonable grounds, such as:
All grounds of refusal should be known or reasonably foreseeable.
Ordinary hours may be worked on any day between 7.00 am and midnight.
On 16 June 2021, the FWC handed down a decision clarifying how the spread of hours can be changed. Employers and employees can make an agreement to change the ordinary spread of hours under the Pharmacy Award in a few different ways. This includes when an employer makes an agreement with:
The parties can agree to change the spread of hours by shifting them back or forward by up to an hour.
For example, 6.00 am and 1.00 am Monday to Friday.
The following rostering arrangements apply to full-time and part-time employees in terms of the Pharmacy Award:
However, if they’re a part-time employee who has agreed to work Saturdays and Sundays, then point (e) doesn’t apply.
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Hours worked per shift |
Paid rest break |
Unpaid meal break |
|---|---|---|
|
Between 4 and 5 hours |
1 x 10-minute break |
None |
|
Between 5 and 7.6 hours |
1 x 10-minute break |
1 x break between 30 and 60 minutes |
|
7.6 hours or more |
2 x 10-minute rest breaks, not to be taken:
|
1 x break between 30 and 60 minutes, to be taken:
|
For more information on the industry pay conditions, please refer to the latest Pay Guide for the Pharmacy Award.
Please also refer to the minimum rates for different Pharmacy Award classifications here.